Introduction
The practice of DAVID HOLE is an established Anglo-German, international law practice, servicing particular German law needs of the English-speaking community. In 1992, David Hole became the first English solicitor to take and to pass the German foreign lawyers' transfer test.
In 2004 he went on to become the first dual qualified solicitor/Rechtsanwalt to acquire the title Fachanwalt für Arbeitsrecht - an accredited specialist for German Employment Law.
The main areas of practice are:
- Employment Law.
- The legal options and requirements for establishing and running a business in Germany.
- Negotiation/Drafting of contracts and the resolution of issues arising from them.
- Representation before the Courts.
Doing business in Germany with German business partners or seeking to establish in Germany can rapidly bring the English-speaking businessman into contact with German law, either unwittingly or deliberately.
- For those seeking to establish a business in Germany, one of the most successful models is the establishment of a limited company, most usually the Gesellschaft mit beschränkter Haftung, the GmbH.
- German employment law still presents one of the areas that differs fundamentally from common-law concepts of employment protection. Co-determination with representatives of the work-force is also far more wide-spread.
- In the international context, the scope for well-intentioned misunderstanding is almost limitless. The best way to minimise this in the business context is to have well thought-out and drafted agreements. The German approach to contract drafting differs sharply from the common-law approach. This is in part due to the existence of a codified legal system.
- When all else fails, then legal proceedings become unavoidable where an international business relationship suffers a serious reverse. Legal proceedings in Germany are vastly different from the U.K: there is far more written preparation and the hearing itself is in the hands of the judge.
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